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CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

Section 125: Security for keeping peace on conviction

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit.

(2) The offences referred to in sub-section (1) are—

(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof;

(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;

(c) any offence of criminal intimidation;

(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void.

(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 13 of our papers cite Section 125. Try these from the free papers:

  1. 1. Consider the following statements about an order under Section 125 BNSS (security for keeping the peace on conviction): 1. If the conviction is set aside on appeal or otherwise, the bond or bail bond executed becomes void. 2. Such an order may also be made by an Appellate Court or by a Court exercising its powers of revision. 3. Such an order may be made by a Magistrate of the second class at the time of passing sentence. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita